Louw v Cooper (35529/2009) [2011] ZAGPPHC 28 (1 March 2011)

Louw v Cooper (35529/2009) [2011] ZAGPPHC 28 (1 March 2011)

The court found that, on the pleadings alone, it was not possible to determine whether the services rendered by the plaintiff fell within the category of work reserved for practising attorneys under the Attorneys Act. The schedule of services annexed to the particulars of claim contained descriptions that could be interpreted as general consultancy rather than legal work. The defendant's contention that certain entries, such as the drafting of a sale agreement, constituted reserved work was not sufficiently clear to be decided without evidence. The court held that the exception could not be adjudicated at this stage and should not be postponed for trial. Regarding the defamation claim,...

Citation
[2011] ZAGPPHC 28
Parties
Plaintiff: Johannes Rudolph Marais Louw; Defendant: Sheena Cooper
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 March 2011
Case Number
35529/2009
Procedural Posture
Civil Procedure / Exception Hearing
Outcome
Both exceptions are dismissed with costs awarded to the plaintiff.
Judges
Webster
Legal Topics
Attorneys Act, Exception Procedure, Defamation, Fees for Services
Civil Procedure Commercial and Corporate Attorneys Act Exception Procedure Defamation Fees for Services

Case Brief

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Parties

Johannes Rudolph Marais Louw

Plaintiff

Sheena Cooper

Defendant

Procedural Posture

Civil Procedure / Exception Hearing

Legal Issues

  1. 1 Whether a non-practising attorney may claim fees for services rendered under the Attorneys Act.
  2. 2 Whether the particulars of claim disclose a cause of action for defamation.
  3. 3 Whether the schedule of services rendered includes work reserved for practising attorneys.

Ratio Decidendi

The court found that, on the pleadings alone, it was not possible to determine whether the services rendered by the plaintiff fell within the category of work reserved for practising attorneys under the Attorneys Act. The schedule of services annexed to the particulars of claim contained descriptions that could be interpreted as general consultancy rather than legal work. The defendant's contention that certain entries, such as the drafting of a sale agreement, constituted reserved work was not sufficiently clear to be decided without evidence. The court held that the exception could not be adjudicated at this stage and should not be postponed for trial. Regarding the defamation claim,...

Court Disposition

Both exceptions are dismissed with costs awarded to the plaintiff.

Orders

  • The defendant's exceptions are dismissed.
  • The defendant is ordered to pay the costs of the exception proceedings.